House of Representatives Committees

Role and operations

Introduction

These notes on the Parliamentary Standing Committee on Public Works
(also known as the Public Works Committee or PWC) provide background
information about the functions, responsibilities and membership of the
Committee, how it operates and guidelines for the preparation of submissions.

The Committee

The Committee was established in 1913. It is one of the oldest
investigative committees of the Parliament. The Committee is constituted by the
Public Works Committee Act 1969.

The Act empowers the Committee to inquire into and report to the Parliament
on each public work referred to it. The Act requires that all public works for
the Commonwealth which are estimated to cost more than $15 million must be referred
to the Committee. There are some exceptions to this rule, but essentially all public
works sponsored by Commonwealth departments and major statutory authorities with large
building programs come within the ambit of the Committee's investigatory powers.

Functions and Responsibilities of the Committee

The Committee's terms of reference are contained in subsection 17(3) of the
Public Works Committee Act. A copy of this section is set out on page 6 of these notes.
Essentially, the Committee is required to report as expeditiously as practicable on:

the stated purpose of the proposed work and its suitability for that purpose

the need for the work

the cost-effectiveness of the proposal

the amount of revenue it will produce if the work is revenue producing

the current and prospective value of the work.

Membership

The Committee is bipartisan and consists of six Members of the House of
Representatives and three Senators. See the membership of the Committee for more information.

Public Comments on Proposed Works

Proposed public works are referred to the Committee for consideration
and report by the House of Representatives, the Senate, or by the Executive
Council. Once a proposed public work has been referred, the Committee receives
a submission from the sponsoring department. Copies are sent by the Committee
secretariat to organisations and individuals who it believes may have an interest
in the project to give them the opportunity to provide comments and submissions.

The Committee advertises for public submissions in major national
newspapers and newspapers serving locations where the public works are to be
undertaken.

Submissions received as a result of these processes form a very important
component of the Committee's inquiry, enabling organisations such as trade unions,
environmental groups, local councils and individuals to comment on proposals and
the Committee to be better informed about community reactions.

Public Hearings

The Committee generally conducts public hearings into proposals referred to it.
Members of the Committee question witnesses representing the sponsoring department
including the design and construction organisation, seeking amplification on matters
raised in their submission or in submissions made by other organisations and individuals.

Authors of submissions may be invited to give oral evidence before the
Committee at a public hearing if the Committee considers that the inquiry will benefit
from such evidence. Such questioning also allows the witness to amplify points made in
the submission or to provide additional information.

Notification of Public Hearing

Witnesses are advised of the date, time and place of public hearings by the
Committee secretariat as soon as practicable. Generally, public hearings are held
close to the location of the proposed work.

It is in the interests of all witnesses who wish to appear before the Committee
to attend, if possible, the entire public hearing. Witnesses who have timing limitations
and restrictions should discuss these with the secretariat prior to the public hearing.

Procedures at Public Hearings

Witnesses should note that the Committee's proceedings are lawful proceedings of the
Parliament and as such warrant the same respect that proceedings in the Parliament
itself demand.

On entering the hearing room witnesses should make themselves known to the Committee
staff - the Secretary or the Assistant Secretary.

When it is his or her turn to give evidence, the Chair will call the name of
the witness, or the organisation represented, to approach the witness table.

Oral Evidence

The Chair will then ask the witness to be seated. For the Hansard record the
witness will be requested to give his or her full name and the capacity
in which he or she is appearing before the Committee.

The Chair will then formally acknowledge receipt of the witness's submission
and ask the witness if he or she wishes to make any amendments to it. Witnesses are
advised to discuss the handling of substantial amendments with the secretariat as these
must be available at least a week before the public hearing.

The submission (and any amendments) will then be incorporated into the volume of
submissions and copies are made available to the media and other interested persons or
organisations.

The Chair will then give the witness an opportunity to make a short (no more
than five minutes) opening statement to the Committee summarising the main points of
the submission, raising issues relevant to the inquiry.

Questions will then be asked by the Chair and members of the Committee.
These questions will seek to clarify aspects of the submission, seek relevant additional
information not included in the submission and to enable points to be amplified. It is
a parliamentary convention that witnesses address the Committee through the Chair.

Should a witness be unable to answer a question or provide information at the
time of the public hearing, the permission of the Committee may be requested to provide
a written answer at a later date.

Witnesses should note that lack of cooperation or the giving of untrue evidence
can be regarded as contempt of Parliament. The Public Works Committee Act specifies
penalties in such circumstances.

Confidential Evidence

In certain circumstances written submissions and oral evidence may be presented
in private. The Public Works Committee Act provides that the Committee may take the
evidence in private; or direct that the document, or part of the document, be treated
as confidential.

Witnesses who believe that their submission contains matters which should be
discussed in private are advised to consult with the Committee secretariat prior to
the public hearing.

Recording of Evidence

All oral evidence is recorded on audio tape by Hansard (the Parliamentary
Reporting Staff) and is later transcribed. The transcript and the written submissions
presented to the Committee constitute the formal evidence of an inquiry. Copies of
proof transcripts are forwarded to all witnesses following the hearing to enable minor
corrections to be made.

Corrections to the transcript should be confined to grammar, statements wrongly
attributed and words which have been incorrectly transcribed. Witnesses also receive a
final corrected transcript at a later stage.

Committee Reports

After the public hearing, and when all the evidence has been collected and
considered, the Committee prepares a report on the proposed work for tabling in the
House of Representatives and the Senate. A report addresses the terms of reference in
relation to a proposal as well as matters raised in submissions and at public hearings,
and makes appropriate recommendations. When the report is tabled a short statement is made
which summarises the report's conclusions and recommendations. A copy of the of the
Committee's report will be sent to all witnesses after it is tabled. A copy is also
placed on the Committee's website www.aph.gov.au/house/committee/pwc

Expediency Motion

After a report has been presented, the House of Representatives must pass an
'expediency motion' before work on a project can commence. The expediency motion is
often debated by Members and matters raised by the Committee in its report are discussed.
Very often assurances about matters of concern to the Committee are given by Ministers
during the debate on the motion.

Further information about the Committee's operations may be obtained by phoning
or writing to the Committee Secretariat at the following address:

The Secretary
Public Works Committee
Parliament House
Canberra ACT 2600

Extract from the Public Works Committee Act 1969

(a) consider each public work that is referred to it in accordance with this Act; and

(b) make a report to both Houses of the Parliament concerning the expedience of carrying
out the work and concerning any other matters related to the work in respect of
which the Committee thinks it desirable that the views of the Committee should be
reported to those Houses, and, for those purposes, shall do such things and make such inquiries as it thinks necessary.

(2) The Committee may, in its report on a public work, recommend any alterations to the proposals for the work that, in its opinion, are necessary or desirable to ensure that the most effective use is made of the moneys to be expended on the work.

(3) In considering and reporting on a public work, the Committee shall have regard to-

(a) the stated purpose of the work and its suitability for that purpose;
(b) the necessity for, or the advisability of, carrying out the work;
(c) the most effective use that can be made, in the carrying out of the work, of the moneys to be expended on the work;
(d) where the work purports to be of a revenue-producing character, the amount of revenue that it may reasonably be expected to produce; and
(e) the present and prospective public value of the work.

(4) In considering and reporting on a public work proposed to be
carried out by an authority of the Commonwealth, the Committee shall have
regard to the functions, powers and duties of the authority and to the powers
conferred on a Minister in relation to the activities of the authority concerned.